City Clerk File No. °”‘- 19*”

Agenda No. 3 ' 4 1st Reading

Agenda No. 4.4:», 2nd Reading & Final Passage

0 RDINAN CEOF

]_ERSEY CITY, N.].

COUNCIL AS A WHOLEoffered and moved adoption of the following ordinance:

ClTYORDINANCE 19 ‘ 142

TITLE: ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITYADOPTINGAMENDMENTS TO THE POWERHOUSE ARTS DISTRICTREDEVELOPMENT PLAN REGARDING THE AMENDMENT OF PERMITTEDCOIVHVIERCIAL SPACE AND THE EXPANSION OF PERNHTTED USES IN THEREHABILITATION ZONE.

WHEREAS, the Municipal Council of the City of Jersey City adopted the Powerhouse Arts DistrictRedevelopmentPlan in 2004, and most recently amended the plan on October 28, 2015; and

WHEREAS,the amendments proposed herein (1) increase the amount of space within a structure

permitted to be used for commercial purposes (2) expand the permitted principaluses within theRehabilitation Zone to include dormitories.

WIEREAS, the amendments includedesign and operationsstandards fora dormitory use; and

WHEREAS, at their September 17, 2019 meeting the Planning Board reviewed the proposed amendmentsand heard testimony on the amendments from City Planning Staf? heard public comment on the proposedamendments; and

WHEREAS, The Planning Board made a ?oor amendment to specifythat a donnitory use must be leased,operated,and managed by a College or University; and

WHEREAS, the Planning Board recommended to the MunicipalCouncil that the proposed amendments and ?oor

amendment to the Powerhouse Arts District Redevelopment Plan be adopted; and

NOW, THEREFORE, BE IT ORDAINED by the MunicipalCouncil of the City of Jersey City that the proposedamendments to the Powerhouse Arts District Redevelopment Plan, attachedhereto, as recommended by the _.TerseyCity Planning Board on September 17,2019, be, and hereby is, adopted.

’

BE IT FURTHER ORDAINED THAT:A. All ordinances and parts of ordinances inconsistent herewith are hereby repealed.B. This ordinance shall be a part of the Jersey City Code as though codi?ed and set forth fully herein. The City Clerk shall

have this ordinance codi?ed and incorporated in the official copies of the Jersey City Code.This ordinance shall take effect at the time and in the manner as provided by law.C.

D. The City Clerk and the CorporationCouncil be and they are hereby authorized and directed to change any chapternumbers, article numbers and sectionnumbers in the event that the codi?cation of this ordinancereveals that there is acon?ict between those numbers and the existing code, in order to avoid confusion and possible repealers of existingprovisions.

E. The City Planning Divisionis hereby directed to give notice at least ten days prior to the hearing on the adoptionof thisOrdinance to the Hudson County Planning board and to all otherpersons entitledthereto pursuant to N.J.S. 40:55D-15 andN.J.S. 40:55D-63 (if required).Upon the adoption of this Ordinance after public hearingthereon, the City Clerk is directedto

publishnotice of the passage thereof and to file a copy of the Ordinance as ?nally adoptedwith the HudsonCountyPlanning Board as requiredby N.J.S. 40:55D-16. The clerk shall also forthwithtransmit a copy of this Ordinance a?er ?nalpassage to the Municipal Tax Assessoras required by N.J.S.

APPROV S EGAL FORM

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1 carporgw?Counsel ‘4

Certi?cation Required El

Not Required El

Director, Division

AF’PROVE D‘

APPROVED:

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Business Administrator

ORDINANCE FACT SHEETThis summary sheet is to be attached to the front of any Ordinance that is submittedfor Council consideration.Incompleteor vague fact sheets will be returned with the Ordinance.

Full Title of Ordinance

ORDINANCE OF THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY ADOPTING

AMENDMENTS TO THE POWERHOUSE ARTS DISTRICT REDEVELOPMENT PLANREGARDING THE AMENDMENT OF PERIVIITTED COMMERCIAL SPACE AND THEEXPANSION OF PERNIITTED USES IN THE REHABILITATION ZONE.

InitiatorDepartrnent/Division HEDC City Planning

Name/Title Tanya Marione,PP, AICP Director

Mallory Clark Senior Planner

Phone/email 201-S47-5010 tanyam@jcnj.org / mclark@jcnj.org

Note: Initiator must be available by phone during agenda meeting (Wednesday prior to councilmeeting @ 4:00 p.m.)

Ordinance Purpose

Please be advised that on September 17, 2019, at the Regular Meeting of the Planning Board of the City of

Jersey City the Board reviewed and commentedon the proposedordinance listed above, The purpose of the

amendments to the Ordinance is to (1) increase the amount of space within a structure permitted to be used for

commercial purposes, and (2) expand the permittedprincipaluses within the RehabilitationZone to include

dormitories.The addition of the dormitory use comes with speci?c design standards related to security,pedestrian access, and operational concerns as related to the use.

At their meeting, the Planning Board discussed, were provided the opportunity to ask questionsandreviewed the amendment and its conformance to the Master Plan. One member of the PowerhouseArts Neighborhood Association provided comment on the proposedamendments, resulting in a ?oor

amendment by the Planning Board to specify that a dorm space must be operated by a designatedUniversity or College. After public comments, the Board voted unanimously to recommend to theCouncil that this ordinanceamending the Powerhouse Arts District Redevelopment Plan be adopted.

A NW Financial report was deemed unnecessary.

I certify that all the facts presented herein are accurate.

W IW+7r’oU/H119 4 /;?0/I 7Signature of Division Director A<«’\’'‘'‘4'' Date

$0-W‘/Signature of Depalttnnnen-telbifectlor

Summary Sheet:

ORDINANCE OF THE MUNICIPAL COUNCIL OF T}

‘Y ADOPTING AMENDMENTS TO THEJERSEY CI’POWERHOUSE

CITY OF

ARTS DISTRICT REDEVELOPMENT PLANREGARDING TCOMMERC, ALUSES THE R

-IE AMENDMENT OF PERMITTEDSPACE AND THE EXPANSION OF PERMITTEDEHABILITATION ZONE.

The proposed amendments will increase the allowable amount of a structure to beallocated towards commercial uses, and will expand the permitted uses of theRehabilitation Zone speci?cally to include a dormitory use. Design and regulationsstandards have also been proposed as related to the dormitory use.

G:\REPLANS\Powerhouse Arts District\Amd 13 - 09302019\190930_PADNAAMND l3_Dm'm Use#SummaIy Sheetdoc

AMENDMENTS TO PRESENT TO CITYCOUNCILFOR 10.07.2019 MEETING

VERSION9/30/Z019

COUNCIL REVIEWKEY:

- Proposed additions to the existing Plan language are boldedand highlighted in grey

- Proposed deletions from the existing Plan language are

5#

Powerhouse Arts District

Redevelopment Plan

Adopted: October 27, 2004, Ordinance 04-118

Amended: February 23, 2005;

Amended: August 16, 2006; Ordinance 06-097

Amended: November 21, 2006; Ordinance 06-136

Amended: April 9, 2008; Ordinance 08-O39

Amended: March 14, 2012; Ordinance 12-037

Blockand Lot Updates: August 2, 2012

Amended: September 12, 2012; Ordinance 12-112

Amended:February 13, 2013; Ordinance 13-O09

Amended: October 23, 2013; Ordinance 13-117

June 10, 2015; Ordinance 15.083

May 15, 2015; Ordinance 15.053

Amended:

Amended:

Amended: August 19, 2015; Ordinance 15.049

Amended: October 28, 2015; Ordinance 15.143

Amended:October XX,2019:Ordinance 19.XXX

AMENDMENT FOREWORD:

Among the purposes of the Rehabilitation District is to accommodate the adaptive re-use ofthe existing historic resources in the district. It is a speci?c goal of the Powerhouse ArtsDistrict Redevelopment Plan to: “Preserve the remaining viable industrial building stockthrough rehabilitation and adaptive re-use”.

It is the intent of these Redevelopment Plan Amendments to help promote the continuedrehabilitation and economic viability of the existing historic resources within theRehabilitation lDistrict by adding to the permitted principal uses within the district in orderto increase the redevelopment opportunities for the existing historic buildings within the

‘ district.

Chapters with proposedchanges as part of this CITY OF JERSEY QTY

amendment are noted withamxkbw

TABLEOFCONTENTS

L"

INTRODUCTION

II. REDEVELOPMENT OBJECTIVES AND POLICY STANDARDS

III. PROPOSED REDEVELOPMENT ACTIONS

IV. GENERAL ADMINISTRATIVE REQUIREMENTS

Site Plan ReviewSite Plan RequirementsEffect on Land Development OrdinanceEffect on previously existing Redevelopment PlansSubdivision RequirementsInterim UsesDeviation RequestsEffective PeriodSeverabilityEasements

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V. SITE DEVELOPMENT REQUIREMENTSUtilities and equipmentScreening of rooftop mechanicalsAdvertising prohibitionFencing — General RequirementsPost—derno1itiontreatmentsTrash and Outdoor StorageStreetscape and Landscape RequirementsGeneral Parking RequirementsLoading Area RequirementsParking Structure RequirementsCirculation Plan and Street RequirementsPhasingGeneral Building Design RequirementsFacade ArticulationWindowsStory HeightSignageMaintenance Requirements for RedevelopersPublic Park and Open Space RequirementsDesign Criteria for Work\Live Units (herea?er referred to as "Section 1”):Suggested Amenities for Work\Live Units

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VII. SPECIFIC DISTRICT LAND USE REGULATIONSFormula Business RestrictionsPermitted Principal UsesPermitted Accessory UsesRequired Principal Uses withineach projectUse Exceptions and RequirementsApplicable to the PADResidential Unit Style and Marketing RequirementsCerti?ed Artist Affordable Housing Growth Share RequirementsNon—ResidentialSpace Requirement:Ground Floor Use RequirementsOff—StreetParking Standards

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. PECIFIC ZONING DISTRICT DEVELOPMENT REGULATIONSRehabilitation ZoneTransition

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High—riseZone:Bonus and IncentivePowerhouse Arts Residence Zone:

IX. MARKETING REQUIREMENTS

X. ACQUISITIONPLAN

XI. DESIGNATION OF REDEVELOPER

XII. CIRCULATIONIMPROVEMENTS

XIV. PROCEDURE FOR AMENDING THE PLAN

XV. MAPS

APPENDIX A

APPENDIX B

VH. SPECIFIC DISTRICT LAND USE REGULATIONS

A. NO CHANGE

B. Permitted Principal UsesPermitted Principal Uses shall be as follows for all zones except as noted below:

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10.

11.12.13.

14.

15.

16.

17.

Work/Live Unit or Work/Live Artist StudioArtist Work-Only StudioArt GalleryHotelRetail and Restaurant, only as provided by the following terms, as the Jersey CityLand Development Ordinance: Retail Sales; Retail Services; Restaurant, Category

1; Restaurant, Category 2, Specialty Grocery Store not to exceed 30,000 s.f.Manufacture, assembly, and/or repair of artifacts, including, but not limited to:

art, crafts, and stage sets or scenery. This use shall be restricted to 20,000 squarefeet per tax block. The areas available for these uses are limited to the buildinginterior only.Civic Space.Theaters: Movie, stage or mull—purposefacilities.Of?ces: A limited amount of of?ce uses per building shall be permitted. Theamount of of?ce space permitted in any single property shall not exceed 11050%‘of the gross ?oor area of such building and shall not be permitted on the ground?oor.

Personal health, recreation, or improvement services or instruction, such as a

gym, yoga or Pilates studio, alternative therapy center, or dance or musicinstruction space, but excluding medical offices.Bar.MuseumNightclub or cabaret for all properties except the Powerhouse building in tax

block 11609.The l00'x100' parcel at the northeast comer of tax lot 1 within block 11611 shallbe permitted PATH system power or switching station equipment.Mixed Uses: Mixed uses of any of the above permitted principal uses shall bepermitted. Similar uses within any building shall be clustered and if necessary,

shall be separated by sound barriers in floors and walls wherever potentiallycon?icting uses are adjacent.Shared usage of the parking structure by all tenants and residents of the PAD maybe arranged by the redeveloper with Planning Board approval. Parking spacesshall be provided for users and visitors of the district only.Residential uses, limited to the High Rise, Arts Theater Residence Overlay andPowerhouse Arts Residence Districts, and Block 11611, Lot 1 (f/k/a Block 107,Lot B) 335-341 Washington Street, Jersey City, NJ, of the Rehabilitation Zone

with building rehabilitation as required within this plan.

-“ P935570

18. Self storage facilities as an adaptive reuse of an existing building limited to Block11503, Lot 1 (f/k/a Block 142, Lot A), 133 Second Street, Jersey City (alsoknown as 142-144 First Street, Jersey City) provided such self storage facilitiesare in combinationwith at least three separate comer oriented first ?oor

commercial spaces and that the total area of all such ?rst ?oor commercial spaceis at least 12 percent of the gross ?oor area of the first ?oor of the entire building.Provided further that 30 percent of the linear ground ?oor street frontage of thebuilding shall be commercial space, exclusive of ground ?oor street frontagenecessary for building support services, such as lobbies, garage entrances, utilitiesand loading areas. For the purposes of this section, commercial space may consistof art galleries, retail sales and services, restaurants, personal health, recreation, or

improvement services or instruction, and bars all as otherwise permitted in theRehabilitation subdistrict.

19. Residential uses, limited to the High Rise, Arts Theater Residence Overlay andPowerhouse Arts Residence Districts, and Block 11611, Lot 1 (f/k/a Block 107, LotB) 335-341 Washington Street, Jersey City, NJ, of the Rehabilitation Zone with building

rehabilitationas requiredwithin this plan._20. normitifries,limitedto the RehabilitationZone.A dormitoryshall bedefinedah

V

building or portion of a building providing sleeping and livingaccommodationswithsanitary and general living facilities designed and used to accommodate students ofa university, or college.

N0 CHANGE

N0 CHANGE

NO CHANGE

NO CHANGE

NO CHANGE

N0 CHANGE

Off-Street Parking Standards

Off—streetparking spaces may only be used by visitors to, residents of, and owners andemployees of uses and buildings within, the PAD. All rehabilitation and new constructionwithin the PAD shall be required to provide off—streetparking pursuant to the standardscontained within the following table. Where space permits, and speci?cally within theHigh Rise, Arts Theater Residence Overlay and Power House Arts Residence Zones,additional parking spaces above that required by the permitted uses, may be providedwithin parking structures in order to provide for the parking needs of residents of thePAD, especially within the Transition and Rehabilitation Zones, which may not be ableto provide parking due to the con?guration of the property and/or buildings existing on

these properties; and to provide a parking resource available for visitors to, patrons of,and owners and employees of uses and buildings within the PAD.

PRINCIPAL REHABILITATION, NEW Maximum for

USE Minimum where CONSTRUCTION, Rehabilitation andfeasible Minimum Required New Construction

Work/Live Units, 0.7 space per unit, which shall be restricted 1.0 space per unitWork/Live Artist to exclusive use by building residents only,Studios, and which shall be labeled as "ResidentsResidential units Only" on the preliminary site plan

application and on the parking space.Retail sales of 0125 space per 1,000 square feet of gross 0.5 space per

commercial uses. management and sales of?ce. No parking isrequired for comer commercial uses.

E0043and ?oor area. 1,000 square feet‘ services, of grossRestaurants, ?oor area"Bars, Theaters,Nightclubs,Civicspace, Artgallery,Museums, ArtistWork—onlystudio,Manufacture,assembly orrepair of artifactsHotels 0.1 space per room 0.3 space per

room

Dormitories 0.0 space per student bed 0.3 spaceperstudent bed

Of?ces 0.7 space per 1,000 square feet of gross ?oor 1.0 space perarea. l,000 square feet

of gross?oor area.

Self storage Minimum of 20 parking spaces for self 30 spacesfacilities in storage facilities which includes theexisting buildings requirement for an accessory caretakerwith corner dwelling unit and

VIII. SPECIFIC ZONING DISTRICT DEVELOPMENT REGULATIONS

A. Rehabilitation Zone

1.

2.

NO CHANGE

NO CHANGE

NO CHANGE

Developr;ie1_1tRequire1nentsfor Dormitory Usei

3.

b.

I

Horniitoriesmust be leased,operated;andmanagedby a designatedCollege or University.

7V

Every dormitory use must have its own primary point ofpedestrian entry from the pedestrian Way along the street, and

shallhave its ownlobby within the buildingV I

_ _M

Thedormitory useshallhave itsown elevatoriaccess,which”shallnot be shared with other useswithin the building.may be accomplishedthrough theprovision‘ of_'a_separ,ateV

elevatorcore,iorthrough a keyed systemwhich restrictsaccessI

to the various ?oors by use.There shallbe at least one ResidentAdvisor (RA) housedon

each dormitory ?oor. The RA shall provide supervisionandguidance to the student populationas relatedto academicandinstitutional questions; enforcing resident rules, regulationsand policies; and otherwiseassistthe studentswith problem

_

solving and counseling services.’Each dormitory?oor may also contain accessoryuses such as

amenity andrecreationareafor the students,administrativeof?ces, laundry facilities, and similar uses,

Ordinance of the City of Jersey City, NJ .1ORDINANCE No. Ord. 19-142VTLE? 3.4 OCT10 2019 4.4, QC} 23 2019

Ordinance Ofthe Municipal Council of the City of Jersey City adopting amendmentsto the Powerhouse Arts District Redevelopment Plan regarding the amendment ofpermitted commercial space and the expansionof permitted uses in therehabilitation zone.

RECORDOF COUNCILVOTEONINTRODUCTIONnpf 1 n mun 7 -

COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. cOul\1C‘lI1PER§O“'

AYE NAY N.V.

RIDLEY 4&55.//4 YUN /1455‘ RIVERA /PRINZ-AREY / SOLOMON ,/ WATTERMAN JBOGGIANO / ROBINSON ,/ LAVARRO,PRES. /

RECORDOFCOUNCILVOTETOcLOsE PUBLICHEARING [][;'|' 23 2019 g . /Councilperson {.14 Wt/iféé? moved,secondedby Councilperson ?ifl/ULI-ifx‘E‘;’ to close P.H.

COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N,V. COUNCILPERSON AYE NAY N.V.

RIDLEY 3/I YUN ,/ RIVERA ,4;‘5§"5",‘L1"F’

PRINZ-AREY 3/’) SOLOMON I/' WATTERMAN vfBOGGIANO V’ ROBINSON / LAVARRO,PRES. V

./ IndicaiesVote N.V.--Notvoling(Abslain)SPEAKERS:

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RECORDOF COUNCILVOTEONAMENDMENTS,IFANY

Councilperson movedtoamend‘OrdinanI:e,secondedbycouncllperson &adopted

COUNCILPERSON AYE NAY N.V. cOuNcILPERsON AYE NAY N.V. cOuNcILPERsON AYE NAY N.V.

RIDLEY YUN RIVERA

PRINz-AREY SOLOMON WATTERMAN

BOGGIANO ROE!lNSON LAVARRO,PRES.

RECORDOF FINALCOUNCILVOTE Q51’23 29Q 8 -O

COUNCILPERSON AYE NAY N.V. COUNCILPERSON AYE NAY N.V. COUNCILPERSONAYE NAY N.V.

RIDLEY A YUN / RIVERA .45 saurrPRlNZ»AREY V/I SOLOMON /' WATTERMAN /BOGGIANO »/ ROBINSON / LAVARRO,PRES. v’

./ IndicatesVole N.V.--Nolvoiing(Absiain)

OCT162019Adopied on first reading ofthe Council ofJersey City, N.J. on

Adopled on second and ?nal reading after hearing onOCT23 2019

This is to certify thatihe foregoing Ordinance wasadopted bythe Municipal Council at its meeting on l

U4/‘aw.‘ Robervéyrne,City Clerk

*Amendn'Ient(s):

APPROVED:

L

RoljiiidoR. Lavarro, Jr.. Council President

Dale OCT7 ‘g9nIcI

APPROVED:

Steven M. Fulop. Mayor

was 2019‘ OCT24 2019

Date

Dateto Mayor